M.S.Natarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.35989 of 2004 and WPMP.No.43292,2006,2007,25190 of 2004 M.S.Natarajan ..Petitioner Vs.

1. The District Collector, Kancheepuram District, Kancheepuram.

2.The Asst. Director, District Land Survey and Records Depot;

Kancheepuram - 631 501.

3.R.Krishna Reddy ... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the first respondent in his proceedings dated 24.10.2004 in Pa.Mu.No.79357/03/H-1 and quash the same. For Petitioner : Mr.K.M.Nalinishree For Respondent Nos.1 & 2 : Mrs.K.Bhuvaneswari For Respondent No.3 : M/s.C.Seethapathy

O R D E R

The petitioner filed the writ petition challenging the order dated 24.10.2004 wherein the first respondent has directed the parties to workout the remedy before the civil court.

2. Learned counsel for the petitioner would submit that it is a disputed question of fact regarding the title of the property. Admittedly, the suit is pending before the civil court.

3. Learned counsel appearing on either side submitted that the matter is well settled and the disputed question of fact cannot be gone through under Article 226 of the Constitution of India.

https://hcservices.ecourts.gov.in/hcservices/

4. The submission made by both side learned counsel is recorded.

5. In view of the above submission, the writ petition is dismissed with liberty given to the petitioner to work out his remedy before the civil court.

Consequently, connected miscellaneous petitions are closed.

6. It is made clear that on the outcome of the suit, the parties may approach the appropriate authority for their remedy and this court has not expressed any opinion on the facts and circumstances of the case.

Gv Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The District Collector, Kancheepuram District, Kancheepuram.

2.The Asst. Director, District Land Survey and Records Depot;

Kancheepuram - 631 501.

+1cc to M/S K.M.NALINISHREE, Advocate Sr.68760 +1cc to M/S C.SEETHAPATHY, Advocate Sr.68729 +1cc to Government Pleader Sr.49881 W.P.No.35989 of 2004 and WPMP.No.43292,2006,2007,25190 of 2004 SKS(CO) RVR 10/11/2017 https://hcservices.ecourts.gov.in/hcservices/